Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Appellant paid service tax on entire value of cleaning services, but for remaining services paid tax only on margin money after deducting expenses. Commissioner disallowed expenses, stating appellant did not produce evidence of not receiving amount over shown receipts. Appellant incurred expenses for services other than cleaning, not as pure agent. Gross amount received is taxable value as per Section 67, not permissible to deduct expenses. No suppression with intent to evade tax established in show cause notice or orders to invoke extended period of limitation. Late payment fees upheld for delay in filing ST-3 return, being legal obligation unrelated to tax evasion. Demand of service tax, interest and penalties set aside on limitation grounds, but penalty for late return filing upheld.
Appellant paid service tax on entire value of cleaning services, but for remaining services paid tax only on margin money after deducting expenses. Commissioner disallowed expenses, stating appellant did not produce evidence of not receiving amount over shown receipts. Appellant incurred expenses for services other than cleaning, not as pure agent. Gross amount received is taxable value as per Section 67, not permissible to deduct expenses. No suppression with intent to evade tax established in show cause notice or orders to invoke extended period of limitation. Late payment fees upheld for delay in filing ST-3 return, being legal obligation unrelated to tax evasion. Demand of service tax, interest and penalties set aside on limitation grounds, but penalty for late return filing upheld.
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